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In an article published in Law360, Spencer Fane partner Pat McLaughlin updates readers on a recent ruling by the United States Court of Appeals for the Ninth Circuit holding that a seller was not vicariously liable for calls made by a telemarketer in violation of the Telephone Consumer Protection Act (TCPA) because the telemarketer was an independent contractor.

In the article, Pat suggests that “sellers should review their contracts and make sure the telemarketers they use are independent contractors, both by the express terms of their contracts and also, more importantly, by the amount of control the seller retains over the manner and means of the telemarketing calls.”